- Consumer insurance—misrepresentation and avoidance (Tesco v Achunche)
- What was the background?
- What did the court decide?
- What are the practical implications?
A rare decision under the Consumer Insurance (Disclosure and Representations) Act 2012 (CI(DR)A 2012), where the judgment has recently become available, considered the presumption under section 5 that, where the insurer asks a clear and specific question, the insured will be assumed to have known that a matter was relevant to the insurer. The issue arose in Tesco Underwriting Ltd v Achunche in the context of an application by the insurer for a declaration that it had been entitled to avoid a motor insurance policy under section 152 of the Road Traffic Act 1988 (RTA 1988). Anna Budgett, Associate and Alaina Wadsworth, Partner and Solicitor Advocate, both at CMS consider this decision and its practical implications.
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